Medlock v. State
Decision Date | 31 October 1979 |
Docket Number | Nos. 56067,56068,No. 3,s. 56067,3 |
Citation | 591 S.W.2d 485 |
Parties | Nicolena MEDLOCK, Appellant, v. The STATE of Texas, Appellee |
Court | Texas Court of Criminal Appeals |
Malcolm Dade, Dallas, for appellant.
Henry M. Wade, Dist. Atty., Steve Wilensky, Bob Whaley & Daniel P. Garrigan, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.
Before DALLY, CLINTON and W. C. DAVIS, JJ.
These are appeals from two convictions for murder which were tried together in a single proceeding. The trial was before a jury, and the appellant received two sentences of life imprisonment.
The appellant was convicted for shooting her husband, Lee Arthur Medlock, and Yvett Harris, a waitress at the club where the shooting occurred. The record reflects that on the evening of February 6, 1975, the appellant left church after choir practice to meet her son and daughter-in-law at Mr. B's, a private club. The appellant was sitting at a table with the club manager and her daughter-in-law, when Medlock, the deceased, walked into the club. Witnesses for the State and the defense testified that the deceased stood by the cigarette machine, staring at the appellant. After 30 to 45 minutes, the deceased approached the table and said to the appellant, The appellant responded, The deceased returned to the cigarette machine and continued to stare at the appellant. The appellant testified that she became frightened and began to tremble.
Wandalyn Cooper, the appellant's daughter-in-law, testified that approximately thirty minutes later, the deceased came over and grabbed the appellant by the neck and said, Cooper testified that she was terrified by the deceased's behavior. The appellant testified that the deceased reached for her and she pulled away. She testified, The appellant testified that she had been carrying the gun for protection since two rapes and a burglary had been committed near her home.
The appellant fired the gun three times; Yvett Harris was hit once and Lee Arthur Medlock was hit twice.
In her first ground of error, the appellant contends that the trial court erred in failing to charge the jury on the lesser included offense of voluntary manslaughter, as requested. The trial court charged the jury on the offense of murder under V.T.C.A. Penal Code, Sec. 19.02, and also charged the jury on self-defense.
Furthermore, the fact that the evidence raises the issue of self-defense does not deprive the accused the right to an instruction on voluntary manslaughter. Ray, supra; Monroe, supra.
Voluntary manslaughter is defined in V.T.C.A. Penal Code, Sec. 19.04 as:
To continue reading
Request your trial-
Bullard v. Estelle
... ... Bullard v. State, 533 S.W.2d 812 (Tex.Cr.App. 1976). The case was remanded to the trial court, which received additional evidence and again imposed a life sentence ... ...
-
Mejia v. Stephens
...phase. "[S]udden passion and self-defense are not mutually exclusive." Beltran , 472 S.W.3d at 290 (citing Medlock v. State , 591 S.W.2d 485, 487 (Tex. Crim. App. 1979) ) (holding that a defendant convicted of murder after unsuccessfully arguing self-defense at the guilt-innocence phase was......
-
Bravo v. State
...is properly requested the court is bound to submit such issue. Roberts v. State, 590 S.W.2d 498 (Tex.Cr.App.1979); Medlock v. State, 591 S.W.2d 485 (Tex.Cr.App.1979). In Thomas v. State, 578 S.W.2d 691, 698 (Tex.Cr.App.1979), this court "A charge on a lesser included offense is not required......
-
Benavides v. State
...right to have the jury consider the issue in the first instance. Roberts v. State, 590 S.W.2d 498 (Tex.Crim.App.1979); Medlock v. State, 591 S.W.2d 485 (Tex.Crim.App.1979). The fact that the trial court properly instructed the jury on the law of self-defense did not render the failure to in......
-
Table of cases
...v. State 13 S.W.3d 769 (Tex. Crim. App. 2000) 9:570, 9:680 Medina v. State 7 S.W.3d 633 (Tex. Crim. App. 1999) 3:260 Medlock v. State 591 S.W.2d 485 (Tex. Crim. App. [Panel Op.] 1979) 3:2060, 6:80 Meeking v. State 148 S.W. 309 (Tex. Crim. App. 1912) 11:50 Mendenhall v. State 77 S.W.3d 815 (......
-
Defenses and special evidentiary charges
...entitled to a charge, notwithstanding claims of self-defense. Roberts v. State , 590 S.W.2d 498 (Tex.Crim.App. 1979); Medlock v. State , 591 S.W.2d 485 (Tex.Crim. App. 1979). For offenses committed before September 1, 1994, voluntary manslaughter is a lesser-included offense of murder. Moor......
-
Offenses against person
...entitled to a charge, notwithstanding claims of self-defense. Roberts v. State , 590 S.W.2d 498 (Tex.Crim.App. 1979); Medlock v. State , 591 S.W.2d 485 (Tex.Crim.App. 1979). In Simpson v. State , the defendant loitered outside a grocery store before firing his gun through its front window, ......